Donna Brazile and the Rules

After the West Virginia primary last night, CNN paid pundit and covert Obama supporter Donna Brazile got into a heated discussion with Hillary campaign media honcho Howard Wolfson about the DNC "rules" with regard to the Florida and Michigan delegates. Wolfson made the case that perhaps the DNC might not want to disenfranchise the 2.3 million folks who voted in those states, but Donna is a stickler for the rules and wouldn't hear of changing them, even for 2.3 million Democratic voters. Two things strike me about this conversation, which is one that has been repeated ad nauseum since Hillary fell behind in pledged delegates.

First of all, the "rules" that Brazile and the other Obama Democrats keep touting are not the rules at all. The actual Delegate Selection Rules provide a clear remedy for states that hold their primaries or caucuses in violation of the timing rules: the loss of 50% of their pledged delegates and alternates, and all of their "at-large" or add-on delegates. That is the actual rule. It is also almost never mentioned that Iowa, New Hampshire and South Carolina also held primaries or caucuses on dates that violated the timing rules.

The second thing that strikes me is the absolute failure of the media with regard to calling out Donna and the rest of the Obama supporters on this point. It seems a highly relevant point of interest in such a hotly contested primary, but no mention of it has been made anywhere except for a few Hillary forums. The rules are easily accessible from the DNC website. Here they are. If you don't believe me, read them for yourself.

http://s3.amazonaws.com/apache.3cdn.net/ de68e7b6dfa0743217_hwm6bhyc4.pdf


Poll
Has Donna read the rule book?
Yes.
No.
Read them? She helped write them!
Rules are funny things....
Rules are rules!

Votes: 16
Results : Vote Link : Polls

Display:


Get this right (2.00 / 1)

The DNC decided FLA and MI were not going to count. Hillary Clinton, the Hillary Clinton accepted that, she publicly declared they were not going to count, that they were cosmetic contests. She changed her mind when she saw fit, but that does not change reality, I'm afraid.


by Fairy Tale on Wed May 14, 2008 at 02:00:47 PM EST

Re: Donna Brazile and the Rules (none / 0)

Did you see how uncomfortable she was when Wolfson was talking , the camera cut to her face and she was basically rolling her eyes , frowning.


Educated in a small town Taught to fear Jesus in a small town Used to daydream in that small town Another born romantic that's me.
by lori on Wed May 14, 2008 at 02:00:51 PM EST

Re: Donna Brazile and the Rules (none / 0)

yep - nothing lie a split screen shot.


"Me Fail English? That's Unpossible." Ralph Wiggum
by canadian gal on Wed May 14, 2008 at 04:09:11 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

Yeah, Yeah, Yeah, we know you guys hate Barazile. Get over it. Stop trying to blame hillarys loss as everyone else's fault. And the rule ARE the rules.


"In the primary you should vote with your heart, but in the general, you should vote with your head" Hillary's husband
by venician on Wed May 14, 2008 at 02:01:24 PM EST

so if they change them again (none / 0)

you wont complain?


vote blue in 2008
by sepulvedaj3 on Wed May 14, 2008 at 02:04:53 PM EST
[ Parent ]

Re: so if they change them again (none / 0)

No I won't complain as long as it is BEFORE the contest starts!  


by Destiny on Wed May 14, 2008 at 02:19:32 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

If the "rules is the rules is the rules is the rules"---then why weren't Florida and Michigan sanctioned with 50% AS IT STATES IN THE RULES?

And, why weren't Iowa, New Hampshire and South Carolina also sanctioned 50% AS IT STATES IN THE RULES?

Do tell. Because it is apparent to everyone that Obama supporters only claim the "rules are the rules" some of the time, and for some of the states.

It's patently dishonest.


"I never give them hell. I just tell the truth and they think it's hell." Harry S Truman
by Tennessean on Wed May 14, 2008 at 02:28:12 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

Iowa NH and SC had to move theirs up after MI and FL moved theirs, as their own regulations dictated when they be held in relation to the states following them.  That is why they were not punished, they did it with DNC approval to prevent MI and FL being rewarded for coming first.

As for the 50%, my understanding is that they were warned that they would have a more severe sanction.


by interestedbystander on Wed May 14, 2008 at 02:52:13 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

Another Donna Brazile hit job?

Wolfson is acting a fool on TV everywhere he goes. You

can not be serious. Only Terry is looking worse than Wolfie when

he gets the chance to speak.

I'm guessing you are.


We want to see Ivana [Trump] because we are so desperate in Alaska for any semblance of glamour and culture. - Sarah Palin
by spacemanspiff on Wed May 14, 2008 at 02:01:45 PM EST

o whatever (none / 0)

Rules are the rules, and thankfully we are getting closer and closer to Hillary gathering up her dull pantsuits and exiting the "nomination" stage.


"Beauty, more than bitterness, makes the heart break." Sara Teasdale
by april34fff on Wed May 14, 2008 at 02:11:25 PM EST

Re: "Rules is rules is rules" (none / 0)

I think you need to stomp your foot one more time to make it really-really-really clear that your demands must be met or you'll pout.


"I never give them hell. I just tell the truth and they think it's hell." Harry S Truman
by Tennessean on Wed May 14, 2008 at 02:24:18 PM EST
[ Parent ]

Re: "Rules is rules is rules" (none / 0)

Ironic, coming from a Clinton supporter.


by interestedbystander on Wed May 14, 2008 at 02:53:03 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

Michigan and Florida gamed the game and lost.  Yes, they lost.  They should have played fair.  Doesn't anyone know what fair means???  


by Spanky on Wed May 14, 2008 at 02:14:41 PM EST

Re: Donna Brazile and the Rules (none / 0)

Of course, your comment is a complete lie. The GOP gamed Florida and Michigan and the Democrats are suffering for it with the help of the DNC. Disenfranchising Democrats is a disastrous decision for the party.

If you don't know how it all happened, then you're just clueless. If you know, and you're trying to be obtuse about it, then you're being disingenuous.


"I never give them hell. I just tell the truth and they think it's hell." Harry S Truman
by Tennessean on Wed May 14, 2008 at 02:21:27 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

I guess you haven't seen the video clip of the democratic leaders laughing at the DNC as they voted to move the primary up.


by interestedbystander on Wed May 14, 2008 at 02:54:13 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

Spank, Florida and Michigan are not entities unto themselves for christ sake. Let's be sensible here. They states are made up of people, people who vote. This is utter nonsense, rules are rules are rules. How about common sense? People who vote in the democratic primary honestly are not beholden to archaic rules inserted by party elders seeking to punish the states and therefore people for simply exercising their right to vote.


by gorgias on Wed May 14, 2008 at 02:38:33 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

Then how would you prevent a free for all with all states moving their primaries up to get noticed?


by interestedbystander on Wed May 14, 2008 at 02:56:07 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (2.00 / 1)

Donna Brazile and the rules committee [including Harold Ickes, a Clinton supporter!] and perhaps all of the candidates as well, clearly had no idea that their sanction of 100%--which was obviously a far harsher sanction than was called for in the rules--would have such an impact on this race.

That says so much about their incredible lack of foresight, as well as their arrogance of power.

They were so focused at the time on establishing their "rules is rules" mantra, that they didn't heed the possibile backlash that could result from doubling those sanctions, much less allowing THREE of the FIVE states to violate the rules, while they doubly sanctioned TWO of those states.

It's really an exercise in futility to continue to CLING to their "rules is rules is rules" mantra now that it has caused such a problem for the Democratic Party.

The rules say 50%--Donna clings to 100%. She's cutting off her nose to spite her face. Those 2.3 million voters will never forget or forgive. The Democratic Party will be forever tarnished as the party that DISENFRANCHISES DEMOCRATS.

It's truly stupid. It's almost as stupid as not counting the Florida and Michigan votes in the popular vote total. Those votes are counted and officially tallied and recorded by the Sec/State of Florida/Michigan. They count. Officially. So include them in the pop. vote total.

If the delegates get sanctioned at 50% and the entire popular vote total is included in the tally, then at least they will have come to an agreement on Florida.

Michigan is harder. Obama took his name off the ballot of his own volition. He shouldn't get one delegate out of it, as far as I'm concerned. Any delegates can vote for Obama at the Convention, pledged or otherwise, if they feel like he got a raw deal. But frankly, it is the height of arrogance to take your name off the ballot and then argue that you earned delegates!

Where does it say in the "rules is rules" booklet that a candidate whose name is not on the ballot gets to earn delegates?

Show me.


"I never give them hell. I just tell the truth and they think it's hell." Harry S Truman
by Tennessean on Wed May 14, 2008 at 02:16:08 PM EST

Re: Donna Brazile and the Rules (none / 0)

I guess that you failed morals and fair play in school


by Destiny on Wed May 14, 2008 at 02:20:52 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

Don't be such a drama queen - Michigan is already over it, which is why Obama is leading both Clinton and McCain in the polls there.  

Do you really think it is logical if someone is upset at not being able to vote in a primary that they will express that by not voting in the GE?


by interestedbystander on Wed May 14, 2008 at 02:59:05 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (2.00 / 1)

I disagree with the substance of the point in the diary. The rules do not dictate any one punishment for violating the set primary date, it RECOMMENDS halving the delegates the state is awarded but also explicitly says greater or lesser punishments are acceptable as the DNC choses.

The DNC (rightly or not) chose to allow several states to move their dates forward to provide a more diverse contest in the first few races, and chose to consider Michigan and Florida's breaking of the rules to be more damaging to the party and punish it more severely. The time to complain about this was at the time the decision was made, and in fact Sen. Clinton and her senior staff all explicitly and unequivocally supported the DNC's decision, until months later when it was politically expedient not to.

I don't hold it against Sen. Clinton's camp for taking this position, given the fact it represents a move based in what is effectively desperation, but informed members of the population at large who follow politics as closely, and have access to as much information, as we do should be able to separate fact from spin.


by werehippy on Wed May 14, 2008 at 02:19:35 PM EST

Re: Donna Brazile and the Rules (none / 0)

You are incorrect. Please read the rules.


If Hillary walked on water, she would be criticized for not swimming and if Obama swam, he would be lauded for being able to do what Hillary could not do.
by portia9 on Wed May 14, 2008 at 02:34:50 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

No, that really is the correct interpretation. The official rules can be read here: http://a9.g.akamai.net/7/9/8082/v001/democratic1.download.akamai.com/8082/pdfs/2008delegateselectionrules.pdf

The section dealing with what is and is not a valid date to hold your primary is described in section 11, the punishments are established in section 20.

The minimum punishment of a 50% reduction in delegates is spelled out in section Rule 20.C.1.a:

Violation of timing: In the event the Delegate Selection Plan of a state party provides or permits a meeting, caucus, convention or primary which constitutes the first determining stage in the presidential nominating process to be held prior to or after the dates for the state as provided in Rule 11 of these rules, or in the event a state holds such a meeting, caucus, convention or primary prior to or after such dates, the number of pledged delegates elected in each category allocated to the state pursuant to the Call for the National Convention shall be reduced by fifty (50%) percent, and the number of alternates shall also be reduced by fifty (50%) percent. In addition, none of the members of the Democratic National Committee and no other unpledged delegate allocated pursuant to Rule 8.A. from that state shall be permitted to vote as members of the state's delegation. In determining the actual number of delegates or alternates by which the state's delegation is to be reduced, any fraction below .5 shall be rounded down to the nearest whole number, and any fraction of .5 or greater shall be rounded up to the next nearest whole number.

The section explicitly giving the DNC the right to impose additional sanctions is Rule 20.5:
Nothing in the preceding subsections of this rule shall be construed to prevent the DNC Rules and Bylaws Committee from imposing additional sanctions, including, without limitation, those specified in subsection (6) of this section C., etc

The section giving the DNC the right to reduce the sanctions a state faces for an early primary is Rule 20.7:

In the event a state shall become subject to subsections (1), (2) or (3) of section C. of this rule as a result of state law but the DNC Rules and Bylaws Committee, after an investigation, including hearings if necessary, determines the state party and the other relevant Democratic party leaders and elected officials took all provable, positive steps and acted in good faith to ... the DNC Rules and Bylaws Committee may determine that all or a portion of the state's delegation shall not be reduced.

It really could not be any more explicit. You are free to argue it was a stupid idea to follow these rules in this way, but the point where that was an honest argument as opposed to political pragmatism was before anyone won those invalid contests or needed them to count in order to remain viable in the pverall contest.


by werehippy on Wed May 14, 2008 at 02:55:53 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

My point was that the rules provided a clear remedy for states holding their primaries in violation of the timing rules but the DNC chose not to follow their own rules. Instead, they made a bunch of foolish and arbitrary decisions that have led to the mess we have now. I also made the point that it could not be more hypocritical of Donna Brazile to keep spouting "rules are rules" on CNN when she knows that the rules had no bearing whatsoever on how delegates were allocated this primary.


If Hillary walked on water, she would be criticized for not swimming and if Obama swam, he would be lauded for being able to do what Hillary could not do.
by portia9 on Wed May 14, 2008 at 03:06:15 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

Just as clearly as the rules provide a clear suggested punishment, they explicitly lay out that the DNC can alter that punishment as the situation warrants (in fact it devotes something like 3 times the space the laying out exactly how and when exceptions can take place).

Iowa, New Hampshire, Nevada, and South Carolina worked with the DNC and were chosen either because they (for admittedly mindless tradition reasons) always go first or provide a varied and advantageous set of first contests and, more importantly, worked with the DNC to get approval and were ultimately given the go ahead for their contests.

Michigan and Florida explicitly, mocking, and destructively moved their date forward in an outright attempt the screw every other state and get more influence for themselves.

There's a clear difference between a group of states lobbying for and getting the nod as an early representative group for the primary, and a big state telling the rest of the party to screw themselves and trying to end the primary early themselves.

Now, you'll hear absolutely no argument from me that this is a stupid system, and we ideally should have some sort of rotating or lottery system, with various small states early. We also need to seat Florida and Michigan in some way that gets the voters to not hold a grudge into the general without sending the message states can do what they want, however improper it may be, and get their way if they whine or are important enough.

Giving the states exactly what they want, while loudly insisting that anything else is vile and an assault on all that is decent, accomplishes neither and is a pretty classic example of what people refer to when they worry Sen. Clinton will engage in destructive campaigning for a vanishingly small chance of actually accomplishing anything.


by werehippy on Wed May 14, 2008 at 03:23:13 PM EST
[ Parent ]

Corrections: (none / 0)

The rules mandate that states in violation of the DNC primary date rules at least lose their SDs and half of their delegates, plus additional sanctions as the DNC deems fit.

The DNC may have been foolish to assign additional penalties, but they were well within the rules.  Your diary is inaccurate.  Sorry.


Wouldn't it be nice if there were no rhetorical questions?
by Elsinora on Wed May 14, 2008 at 02:22:52 PM EST

Re: Donna Brazile and the Rules (none / 0)

Poor Donna she is as much to blame as Dean for the mess we find ourselves in. I don't think the DNC realizes how much credibility or much of the high ground they have ceded and  lost over this issue. We'll see how all the complaints and calls to the DNC pan out. I personally have called and asked for her removal. I know I am not alone.


by Iceblinkjm on Wed May 14, 2008 at 02:22:57 PM EST

Re: Donna Brazile and the Rules (none / 0)

I am sure they will treat your complaint with the respect it deserves (although you might find they're a little busy at the moment gearing up for a General Election).


by interestedbystander on Wed May 14, 2008 at 03:01:48 PM EST
[ Parent ]

yes, she's read them (2.00 / 1)

but she doesn't care.  I want her off the news network unless she fesses up that she's an outright Obama partisan.

The rules don't matter when its Obama.  The fix is already in for him.  this is the way dems lose over and over again--putting their personal ambition above that of the country--like Brazile.  


by 4justice on Wed May 14, 2008 at 02:36:25 PM EST

Re: yes, she's read them (2.00 / 1)

"  I want her off the news network unless she fesses up that she's an outright Obama partisan."

Well I agree, but it really couldn't be more transparent that she soooo desperately wants Obama in and do most of the "roundtable."


by gorgias on Wed May 14, 2008 at 02:41:38 PM EST
[ Parent ]

Re: yes, she's read them (none / 0)

Somehow I don't think your feelings will change if she becomes an "overt" supporter.


by platy on Wed May 14, 2008 at 03:18:18 PM EST
[ Parent ]

Re: Donna Brazile and the Rules (none / 0)

"After the West Virginia primary last night, CNN paid pundit and covert Obama supporter Donna Brazile"

If she is covert how do you know?

Judging by her sense of humor this superdelegate is playing her hands close to her chest. In an interview with satirist Stephen Colbert Brazile she said "Look, I'm a woman, so I like Hillary. I'm black; I like Obama. But I'm also grumpy, so I like John McCain".

And heck, "CNN paid pundit"?  Talk about reducing a long C.V. How about mentioning, for example that she was campaign manager of the 2000 presidential campaign of Al Gore.


by My Ob on Wed May 14, 2008 at 02:37:24 PM EST

Re: Donna Brazile and the Rules (2.00 / 1)

The most interesting thing I heard her say last night was she corrected Anderson Cooper about the upcoming backroom deal which will happen on the 31st.  As Donna rightly pointed out, nothing in the Democratic Party meetings is done in secret and cameras will be allowed in the room.  If nothing else, perhaps some of the people here will finally learn what the rules are, the whole rules, and not just the paragraphs they like to cherry-pick.


by Piuma on Wed May 14, 2008 at 02:42:26 PM EST

Re: Donna Brazile and the Rules (2.00 / 1)

Here is the rule with the penalty for violating the primary schedule.

C. 1. a. Violation of timing: In the event the Delegate Selection Plan of a state party provides or permits a meeting, caucus, convention or primary which constitutes the first determining stage in the presidential nominating process to be held prior to or after the dates for the state as provided in Rule 11 of these rules, or in the event a state holds such a meeting, caucus, convention or primary prior to or after such dates, the number of pledged delegates elected in each category allocated to the state pursuant to the Call for the National Convention shall be reduced by fifty (50%) percent, and the number of alternates shall also be reduced by fifty (50%) percent. In addition, none of the members of the Democratic National Committee and no other unpledged delegate allocated pursuant to Rule 8.A. from that state shall be permitted to vote as members of the state's delegation. In determining the actual number of delegates or alternates by which the state's delegation is to be reduced, any fraction below .5 shall be rounded down to the nearest whole number, and any fraction of .5 or greater shall be rounded up to the next nearest whole number.

And here's the rule that says the DNC can impose additional sanctions or come up with an alternative resolution.

C. 5. Nothing in the preceding subsections of this rule shall be construed to prevent the DNC Rules and Bylaws Committee from imposing additional sanctions, including, without limitation, those specified in subsection (6) of this section C., against a state party and against the delegation from the state which is subject to the provisions of any of subsections (1) through (3) of this section C., including, without limitation, establishing a committee to propose and implement a process which will result in the selection of a delegation from the affected state which shall (i) be broadly representative, (ii) reflect the state's division of presidential preference and uncommitted status and (iii) involve as broad participation as is practicable under the circumstances.

by kjblair2 on Wed May 14, 2008 at 02:58:05 PM EST

Re: Donna Brazile and the Rules (none / 0)

Fortunately, neither Donna nor Wolfson gets to decide how the two states are seated.

Obama has said they would be seated. I think the main argument is against giving Michigan delegates only to Hillary, as if there were no Obama supporters in the entire state. Talk about disenfranchising!

I know some argue that Obama took his name off the ballot, and that's why he should get zero. But is this about him, or the voters?


by platy on Wed May 14, 2008 at 03:12:50 PM EST


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